Understanding Constitutions

A set of rules defining how a state or society operates.

The ultimate authority in a nation.

Rights guaranteed by a constitution to citizens.

Roles constitutions play in a state's governance.

Giving legal status to government actions.

Order and predictability in government's running.

Basic rights of citizens, often part of a constitution.

System with multiple constitutions within a country.

A constitution where all its major parts are contained within a single document.

A constitution not contained in a single document but drawn from various sources.

A constitution created as a fresh start for a country's governance, often after a revolution or major change.

A constitution that develops organically over time, building on previous practices.

A constitution where power is divided between a central government and regional governments.

A system where power resides primarily in a central government.

The US Constitution, created after independence, is a clear example of a codified, federal constitution.

The UK uses an uncodified constitution, drawing from various sources.

A constitution that can be changed easily through ordinary laws.

A constitution with a process for Amendment, that requires significant procedures.

The introductory statement outlining the principles and goals of a constitution, or similar document.

Changes to the original text or principles of a constitution.

Laws passed by a legislature, that can have constitutional implications (in uncodified systems).

The principle that the Parliament holds the ultimate authority in the political system, allowing it to make or change laws freely.

The US Constitution is difficult to amend, requiring supermajority votes and state ratifications.

The UK constitution is flexible and can be changed through simple legislation passed by Parliament.

Amendments require 2/3 vote in Congress and ratification by 3/4 of states.

Parliamentary sovereignty allows the UK constitution to be amended through ordinary legislation.

Guarantees the right to keep and bear arms in the US Constitution.

The UK Parliament amended the constitution to restrict handgun ownership after a mass shooting.

Difficulty in amending the Constitution makes gun control legislation challenging, despite mass shootings.

Proposed amendment to guarantee equal rights for women, failed to be ratified by enough states.

He believed the Constitution should be rewritten periodically to prevent it from becoming outdated.

A direct vote by the people on a particular issue, often concerning constitutional amendments, to allow for greater public participation in decision-making.

A voting system where voters rank candidates in order of preference, and votes are redistributed until one candidate receives a majority.

A voting system where the candidate with the most votes wins, even if they don't have a majority.

A process where courts can review laws to determine if they are consistent with the constitution, which is typically more limited in uncodified constitutions.

The transfer of power and authority from a central government to regional or local governments.

The ultimate authority to make laws in a country, usually held by the central government.

A system of government where the executive branch is separate from the legislative branch, with the president elected independently.

A system of government where the executive branch is accountable to the legislative branch, with the prime minister selected from the legislature.

A concept where the executive, legislative, and judicial branches of government are interconnected, allowing individuals to hold positions in multiple branches.

A system of government where a king or queen is the head of state, with varying degrees of power.

A system of government where the head of state is an elected president, not a monarch.

A system of government where a monarch is the head of state but their power is limited by a constitution.

The movement advocating for England to become a republic, replacing the monarchy with an elected head of state.

The most prominent group campaigning for a republic in England, advocating for a change in the system of government.

The ‘Republic’ movement argues against royal privileges, such as allowances, oaths of allegiance, and expensive royal weddings.

A famous Republican MP known for his defiance of the monarchy, including subtly criticizing the oath of allegiance and avoiding the Queen's Speech.

The idea that the people are the ultimate source of political power, often supported by referendums.

The UK constitution is uncodified, unitary, flexible, and has a parliamentary system with a fusion of powers.

The UK constitution has evolved organically over time, with key changes coming from documents like Magna Carta, the Bill of Rights, and Acts of Union.

A historic document that limited the monarch's power, establishing principles like Habeas Corpus and limiting taxation power.

Set rules for the succession to the throne, excluding Roman Catholics from becoming monarchs.

Created the United Kingdom by merging England and Scotland, and later Ireland (though Ireland later became independent).

Parliament has the right to make any law, enjoys supremacy over other branches of government, and can't be bound by previous Parliaments.

An example of a UK law that allowed the courts to prosecute British citizens for war crimes committed before they became citizens.

Parliament's dominance over other branches of government, unlike the USA where laws are subject to judicial review.

All laws in the UK are considered equal, regardless of their subject matter. There is no distinction between constitutional law and regular laws made by Parliament.

The principle that everyone, including those with power, is subject to the same laws and that the law is applied fairly and independently. This means no one is above the law.

Dicey argued that Parliament has the ultimate authority to make or change any law, and no other body or person can override its decisions.

The UK system combines the executive and legislative branches, meaning the government is formed from the majority party in Parliament. This creates a close relationship between them.

Some argue that the fusion of powers can lead to an 'elective dictatorship' where the government has too much power and is not properly checked.

The monarch, although a part of Parliament, has a mostly symbolic role. The Queen's executive powers are delegated to the Prime Minister and government.

The monarch serves as Head of State, the public representative of the country, and as Head of Nation, representing national identity and continuity.

The ECHR is a European treaty that protects human rights. The UK incorporated it into domestic law through the Human Rights Act (1998).

This case involved the indefinite detention of terror suspects without trial. The Law Lords found that the government's actions violated the ECHR and the Human Rights Act.

Powers traditionally held by the monarch, although most are now exercised by the government. Examples include awarding honours and appointing individuals to positions.

The Queen still exercises some prerogative powers, such as granting peerages, knighthoods, and other honours.

Bagehot described the UK constitution as a 'close union' between the executive and legislative branches, highlighting the fusion of powers as a key factor in its success.

Dicey argued that the Rule of Law guarantees citizens' rights without needing a specific Bill of Rights. This ensures that everyone is treated equally and fairly under the law.

The UK constitution is uncodified, evolving organically through various sources like common law, statutes, and conventions. This allows it to adapt to changing times.

The act of ending a session of Parliament, effectively pausing its legislative work. The Queen formally prorogues Parliament, but usually does so on the advice of the Prime Minister.

The act of officially bringing Parliament back into session after a prorogation, allowing it to resume its legislative work. The Queen formally summons Parliament, usually on the advice of the Prime Minister.

The act of assigning someone to the position of the head of government. The Queen formally appoints the Prime Minister, but usually appoints the leader of the party that has a majority in the House of Commons.

The act of removing a Prime Minister from office, usually after a general election or in cases of a loss of confidence in Parliament. The Queen formally dismisses the Prime Minister.

When a majority of members of the House of Commons support the Prime Minister. This is essential for the Prime Minister to remain in power.

A system where citizens elect representatives to make decisions on their behalf. The UK is a representative democracy, with Parliament representing the will of the people.

The role of the Monarch in Parliament, usually a ceremonial one, but also including the power to give Royal Assent to bills.

The Monarch's formal approval of a bill that has been passed by both Houses of Parliament, which is necessary for it to become law.

Laws developed through judicial precedents set by judges. This is a less formal source of law compared to Statute Law, but still important in the UK constitution.

If a new law contradicts an older law, the new law automatically replaces the older one. This ensures that current laws take priority.

A historical document that established limits on the power of the Monarch and recognized certain basic rights for citizens.

A document that clarified the powers of Parliament and the Monarch, establishing important rights such as freedom of speech in Parliament.

Judges use previous court decisions (precedents) to guide their rulings in similar cases, ensuring consistency and predictability in the law.

Parliament can't legislate every possible scenario, so judges use precedents to interpret the law and apply it to new situations.

Judges initially ruled on same-sex couples' rights through precedents. Parliament later codified same-sex marriage through legislation.

The Crime and Courts Act defined 'reasonable force,' providing a clear framework. It also relies on precedents to interpret that definition in specific cases.

Parliament hasn't defined murder. Instead, judges have shaped its definition through precedents over time, evolving with societal values.

Judges established that certain co-habiting couples have the same legal rights as married couples, even without a formal marriage ceremony.

The Disability and Discrimination Act didn't define 'likely.' A court case interpreted it as 'something that might happen,' not 'something that will probably happen.'

Existing legal decisions (precedents) serve as guiding principles for future cases, ensuring fairness and predictability in the legal system.

Unwritten rules followed in a political system, carrying moral force but not formal legal binding.

While not legally binding, conventions contribute significantly to how the UK government operates.

The Monarch is a figurehead, but they must follow the advice of the government, ensuring ministerial power.

The party with the most seats in Parliament typically forms the government, leading to stable governance.

Westminster Parliament should consult with devolved legislatures before legislating on matters within their competence.

This convention, codified by statute, outlined when the Queen could refuse to dissolve Parliament, demonstrating a limited role for the Monarch.

Conventions can evolve over time, reflecting changes in society and power dynamics, demonstrating the UK's flexible constitution.

A convention that required the government to give Parliament a three-day period to consider treaties before they could be ratified, this rule was later codified into law.

Before the Fixed-Term Parliament Act, the Prime Minister had the power to call an early election whenever they wanted.

The Fixed-Term Parliament Act codified the convention that an early election must be called if Parliament declares 'no confidence' in the government. This occurs if a 'no confidence' motion passes and the government fails to win a confidence vote within 14 days.

The convention suggests that MPs who change parties should resign and fight a by-election. This convention was established but not consistently followed, leaving its acceptance in question.

This convention emerged after the 2010 election, where no party had a majority. It sets a precedent for what should happen when a coalition government is formed.

Unwritten rules of the political system that are not legally binding but considered essential for the operation of government.

Powers traditionally held by the monarch but now exercised by the government. These powers are not subject to parliamentary approval.

A major constitutional crisis arose when the House of Lords refused to vote for David Lloyd George's budget, breaking a convention that the Lords do not vote against budgets.

Passed after the 'People's Budget' crisis to limit the House of Lords' power to hinder legislation.

Nigel Farage challenged the convention of a major party not opposing the speaker during an election, potentially impacting the speaker's independence.

The House of Lords voted against government plans to change the Tax Credits system, breaking the convention of not interfering with money bills.

Although the Queen has the power to appoint and dismiss the Prime Minister, this is done in practice by appointing the leader of the majority party in Parliament.

The Queen can grant pardons, but this power is exercised by the Justice Secretary. This illustrates the shift of power from the monarch to the government.

The Queen has the power to order military action, but in practice, this power is exercised by the Prime Minister. This arrangement can create debate about transparency and parliamentary oversight.

Law passed in 2011 requiring elections every five years, limiting the Prime Minister’s power to call early elections.

Shifted the responsibility of scrutinizing international treaties from the government to Parliament.

The convention established after the Iraq War that Parliament should approve military actions, rather than the Prime Minister alone.

Court case where the Supreme Court ruled that the decision to leave the EU needed Parliament's approval, not just the Prime Minister's prerogative power.

Case where the Supreme Court declared unlawful Boris Johnson's attempt to prorogue (suspend) Parliament.

Established the principle of EU law supremacy over conflicting UK laws.

Scholarly books that heavily influence the UK constitution, even though not legally binding.

One of the key works of authority, outlining the Cabinet and Prime Minister's roles.

Fundamental work emphasizing Parliamentary Sovereignty and the rule of law.

Widely considered the definitive guide on the functioning of Parliament.

International arrangements that the UK participates in, which can also influence the UK constitution.

The EU had a major impact on the UK constitution, including legal supremacy of EU law.

Other examples of external relations that can affect the UK system of government.

The presiding officer of the House of Commons, responsible for maintaining order and procedure during debates.

An independent body established in 2001 to regulate party & election finances, register political parties, oversee electoral registers, and guide elections/referendums.

Passed in 2000 under New Labour, it set financial regulations for political parties, limiting donations & spending.

New Labour devolved power to Scotland, Wales, Northern Ireland, and London, creating regional governments.

New Labour's plan for more regional assemblies failed after a 'no' vote in the North-East referendum.

Voting system used in some regional elections, where parties get seats based on their overall share of votes.

Used in some local elections, where voters rank candidates, and excess votes for elected candidates are redistributed.

Mixed system combining First Past the Post with proportional representation, used in some regional elections.

Established in 2005 through the Constitutional Reform Act, it replaced the House of Lords as the highest court in the UK.

Introduced as part of judicial reform, it selects judges based on merit and experience.

New Labour changed House of Commons procedures, such as moving PMQs & increasing backbench debates.

Incorporated the European Convention of Human Rights into UK law.

Prevents discrimination based on protected characteristics, like race, disability, and religion.

Gave individuals the right to request information from public bodies.

New Labour aimed to modernize the UK constitution through devolution, judicial reform, and electoral reform.

Shifting power from the central government to regional or local governments.

Expanding democratic participation by increasing suffrage, transparency, or accountability.

Guaranteeing fundamental freedoms and protections for individuals.

Updating legal principles by applying existing precedents to new situations.

Common Law fills in gaps left by statues, making law adaptable to new situations.

Judges create precedents based on earlier rulings, shaping law over time.

Westminster Parliament consults devolved bodies before legislating on devolved matters.

(1950-2011) Queen could refuse to dissolve Parliament under specific conditions.

House of Lords should not block government's manifesto legislation.

Speaker votes for the status quo when tied, preventing further debate.

An established practice followed in the UK constitution, even if not codified in law.

Conventions shape political behavior and maintain stability in the UK system.

Yes, conventions can evolve as the UK constitution adapts to new circumstances.

Since 1997, the UK constitution has shifted towards codifying more conventions in statutes.

A mnemonic device to remember the sources of the UK constitution: Statute Law, Common Law, Conventions, Royal Prerogatives, External Relations, Works of Authority.

These Acts limited the power of the House of Lords, giving the House of Commons more control over legislation.

The Parliament Acts reduced the House of Lords' ability to block legislation, first to a two-year delay, then to only a one-year delay.

This Act allowed for the creation of Life Peers, who hold their titles for their lifetime, in the House of Lords to modernize its membership.

Tony Blair's government promised several reforms: codified constitution, Bill of Rights, elected Upper Chamber, proportional elections, state funding of parties, devolution, referendums on constitutional reforms.

Labour aimed for a fully elected House of Lords, but only removed hereditary peers, leaving 92 elected by their peers, not the public.

Labour held referendums on devolution to Scotland, Wales, Northern Ireland, and the Mayor of London, but not on electoral reform or the Euro.

New Labour aimed to update outdated systems within the UK, impacting the House of Lords, elections, and devolution.

The Parliament Act's mere existence makes the Lords more likely to back down in disagreements with the Commons, as they know their power is limited.

Labour focused on reforming the House of Lords, introducing referendums, changing voting systems, and supporting devolution to enhance democracy.

Labour introduced more proportional voting systems for devolved assemblies, EU elections, and mayoral elections, but not for Westminster.

These four key areas focus each on different aspects of New Labour's constitutional reforms, reflecting their overarching goals.